Glenn R Reiser's Answers

What is the statue of limitations of bringing a Sheriff Sale to finalization in NJ. We have been postponed for 14 months.

To the best of my knowledge there is no definitive statute of limitations for finalizing a sheriff's sale auction. A writ of execution is usually valid for 2 years. If the sale continues to get postponed the bank's writ may expire, and then they will have to apply for a new one. The bank's reluctance to proceed with a sale could be because they're trying to sell the loan or pool it together with other defaulting loans to sell at a discount. Most banks don't want to own properties,...

Selected as best answer

Can a cross motion using failure of businesses deny my motion filed for litigant's right -enforce equitable distribution payment

NJ Court Rules require that any cross-motion must be related to the original motion. Simply because you file a motion to enforce the equitable distribution agreement doesn't mean he automatically gets to file a cross-motion. I think you should move forward here, especially given that 3 years has gone by and he hasn't made a payment. There is an equitable maxim that says, "Equity aids the vigilant". In other words, if you sleep on your rights you could be deemed to lose them. So I wouldn'...

1 person marked this answer as helpful

I have a levy for personal property for credit card debt, answered info. supoena saying I own NOTHING, I don't even have a 1000.

If you were to file for divorce are you saying that absolutely nothing in the house belongs to you? It would seem rather far-fetched to be taking a position like that. Every woman I've ever met has at least some jewelry in her possession. You have to be careful here not to be making erroneous statements on an information subpoena. But if you've answered the questions truthfully and in good faith then you may well indeed be judgment proof. If a sheriff shows up at your door you do...

I co-signed a car loan and my mom is the primary. I make the payments. How would my bankruptcy affect her?

So long as the loan is not in default your bankruptcy filing shouldn't have any affect on your mother's status with the lender. She would remain primarily liable on the debt, and so long as she continues to pay then I can't envision the lender being in a position to declare the loan in default. To the extent other attorneys have opined otherwise, I respectfully disagree.

How long does a NJ property owner have to pay a tax lien certificate that has been sold on their property?

Picking up on the other attorney's answer, if the tax purchaser files a tax foreclosure case (after paying the taxes for 2 years) then you can redeem (or pay off) the tax lien up to the point that a judgment is entered. The entry of a judgment in a tax foreclosure case cuts off the right of redemption and transfers the property to the plaintiff. Unlike regular mortgage foreclosures, there is usually no sheriff's sale in a tax foreclosure case unless there are federal liens that need to be...

I have defaulted on my IRS payments. What happens when I file for bankrutpcy??

Generally speaking, tax debts that are less than 3 years old for tax return years actually filed are non-dischargeable in bankruptcy. A Chapter 13 bankruptcy might be your best option here as that would allow you to pay the taxes (interest free & penalty free) over a 3-5 year period. In other words, not only would a Chapter 13 repayment plan allow you to cure the tax debt over the life of the monthly plan payments but it would allow you to avoid interest and additional penalties.

I have a default judgement from a credit card that's 4 years old now, got a letter from the 3rd. party debt collector saying

You may want to explore bankruptcy as an option to avoid paying this debt. Alternatively, you could try offering the creditor a lump sum discounted payment to settle the account.